1. Section 2 of the document discusses operating a construction business and covers topics such as securing resources like money, materials, equipment, and people. It also covers financial management, marketing, tendering, pricing strategies, contractual considerations, and pricing a tender.
2. When securing money resources, contractors can use their own equity, borrow from banks, or obtain financing from other sources like Khula Enterprises. It is important to manage cash flow carefully and obtain the best interest rates on borrowings.
3. When procuring materials, contractors should get the right quality and delivery on time while negotiating the best price, trade discounts, and credit terms from suppliers. Late payments can result in interest charges and loss of
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CMG CONTRACTOR RESOURCES GUIDE
1. CMG
CONTRACTOR MANAGEMENT GUIDELINES
101
CONSISTING OF
1 ESTABLISHING A CONSTRUCTION BUSINESS
2 OPERATING A CONSTRUCTION BUSINESS
3 EXECUTING A CONSTRUCTION PROJECT
The Construction Industry Development Board
2.
3. SECTION 2
O PERATING A C ONSTRUCTION B USINESS
TOPIC CONTENTS
Securing • Money • Formwork and scaffolding suppliers
1
resources • Material supplies • People
• Equipment • Subcontractors
SECTION 2
Financial • Financing a construction business • Fixed assets and working capital
2
management
• Sourcing finance • Cash flow
• Keeping records and accounts • Invoicing and terms of payment
Marketing • Marketing concepts • A marketing plan
3 • Publicity
• Promoting a construction business
• Effectiveness of marketing campaigns
Tender • Identify the market segment • Analysing the requirements of the
considerations tender documents
• Identify competitors
4
• Analysing the opportunity for profit
• Finding work opportunities
• Clarification meeting
• Private and public sector tenders and
quotations • Making a tender submission
• Obtaining information on tender • Tender checklist
opportunities
Public Construction • cidb standard for uniformity in a call for expressions of interest
Procurement System construction procurement
• Standard conditions for the calling for
• Procurement procedures expressions of interest
5 • Structure of procurement documents
• Standard forms of contract
• Standard conditions of tender
• South African national standards
identified in the scope of work
• cidb code of conduct for the parties
engaged in construction procurement
• Structure of documents associated with
The Construction Industry Development Board
4. CONTINUED
TOPIC CONTENTS
Public Construction • The Promotion of Administrative • Prevention and Combating of
Procurement System Justice Act Corrupt Activities Act
Continued
• The Public Protector
• Requirements for public sector • Basis upon which the employer will
Tendering for public
construction procurement evaluate tenders
sector work
6
• Understanding the cidb standard
conditions of tender
SECTION 2
• Submitting a compliant (responsive)
tender offer
Pricing strategies • Understanding the pricing strategy • Activity schedules
of the tender
7
• Cost reimbursable contract
• Bills of quantities
• Target cost contract
• Example of a bill of quantities
• Standard pricing strategies for main
• Schedules of rates contractors
• Lump sum prices
Contractual • The fundamentals of a construction • Standard construction works
8
considerations works contract contracts and subcontracts
• Concluding a contract • Typical features of construction
works contracts for main contractors
• Concluding a contract using the
cidb procedures • Contractor’s lien
Pricing a tender • Building up a tender price • Pricing the equipment required for a
tender
• Estimating the quantum of work
involved • Pricing the plant and material
required for a tender
9
• Obtaining prices from material
suppliers • Pricing for general items
• Establishing equipment requirements • Allowances
• Pricing the labour required for a • Finalising the tender price
tender
The Construction Industry Development Board
5. SECTION 2.1: SECURING RESOURCES
MONEY
The owners of a construction business (contractor) may use their own money (equity capital), borrow
Most people go into
capital from the bank or other source to start a construction business (see section 2.2). This business to make
money/capital is used by the business to acquire resources, e.g. materials, labour, and plant. The money, that is, they
business owners need to use this money/capital effectively to obtain a good return on their investment, want to take money
otherwise they could invest their money/capital in other forms of investment products which will yield out of the business.
In order for money to
higher returns on their money. The profits made (retained profits) by the construction business should
be taken out of a
be ploughed back into the business to reduce the amount of money that needs to be borrowed from
business, there has to
banks or other sources. be money in the
business that is not
The most well-known lending institutions are banks, whose primary business is lending money to
owed to anybody.
individuals and companies by charging interest on the loan amount. Borrowing money from banks is The temptation to
expensive. In addition to the interest charged, banks add services fees for each service that they take money out of the
provide. For example, on cheque accounts, banks charge a minimum service fee per month for each business apart from
cheque issued. your salary, while the
business has debts,
A bank overdraft is a very useful source of income for the bank. Interest is calculated on the daily must be resisted.
balance on the overdraft amount, i.e. the amount of money owed to the bank. If on one day
R10 000 is owed and the overdraft rate is 20% the interest that will be charged on that day will be
10 000 x 20% x 1/365 = R5,48.
The banks add this interest charge to a construction business' account once a month. The interest is Construction
compounded every month. That is, the interest is added to the overdraft on a monthly basis and businesses should try
interest is then charged on the new total amount. In this way, interest is charged on interest. For to use their own
money and save the
example, if R10 000 is borrowed at a flat rate of 20% interest on January 1st and is repaid on
interest and bank
December 31st of the same year, the annual interest is R2 000. The same calculation if interest is
charges in order to
charged on interest (compound interest) the interest charges will be R2 213,35. remain competitive.
Other aspects that impact upon a construction business' cash flow and overdraft limits are:
• Prompt payment from clients for work completed.
Contractors need to:
• Limiting spending to the absolute minimum and paying as late as payment conditions permit, e.g.
payment to material suppliers and plant hiring companies. • Make sure that they
know exactly how
• Optimising ordering of material, i.e. don't order materials too early and order only that which is
much money is
required at that point in time. needed for a contract.
• Building up of cash reserves by resisting the temptation to spend. • Negotiate to get the
best possible interest
• Choosing not to tender for work where the contractor cannot be competitive due to the cost of
rate on borrowings.
money, e.g. where the client says in the tender "payment within 45 days” or “payment within
60 days” and the contractor has insufficient credit, such terms of payments could be extremely • Know how the interest
prohibitive. rate will be calculated
(per month, etc.).
Apart from the banks, there are other organisations such as Khula Enterprises Limited that can be
• Know what the bank
approached for support. Contractors should be extremely careful of money lenders as they are
charges will be.
permitted in terms of the law to charge a much higher interest rate than the banks.
• Make assumptions as
The contractor needs to consider the advantages of credit, as a slightly higher price with credit facilities to when a client is
may be a better option when procuring resources. Even if the price from a supplier looks good initially likely to pay.
it may not be the best deal.
• Calculate the cost of
money before
submitting a tender.
1
6. MATERIAL SUPPLIES
Contractors should procure materials of the right quality delivered on time at the cheapest price. All
three of these requirements are extremely important. There is no point in getting materials at a low
price if they are rejected once they are received, delivered to a site or built into the works. Materials
not delivered on time may delay the works and prove to be very costly. Contractors should accordingly
resist procuring on price alone. It is imperative that the required quality, quantity and time for delivery
are established and understood before approaching a supplier. At the same time these requirements
need to be clearly communicated to the supplier when ordering materials or obtaining a quotation for
tender purposes.
It should also be established whether or not the materials are to be delivered or collected and what
storage capacity is available to receive the materials. It may also be necessary to establish whether the
supplier is a VAT vendor, and it is important to know whether or not VAT is included in the quoted price.
Credit is not The most common credit period is 30 days. This normally means that payment is required 30 days
everything, but it is from the date on the statement. Suppliers usually deliver materials on a particular day and will invoice
extremely important immediately. Towards the end of that month the supplier sends out a statement with a summary of all
to obtain it providing
the invoices sent and all monies received from the contractor during that month. Thirty days credit
that the contractor
can manage it means that a contractor has 30 days from the date of this statement to pay, failing which they could
correctly. Credit well be charged interest by the supplier and lose the right to claim any discounts.
means that materials
can be ordered and Ideally, materials should be ordered so that they can be built into the project within a month of delivery.
only paid for after a This will allow the cost of the materials to be included in the payment certificate that is presented to
certain period of time the client for payment. It is even possible that the client will pay the certificate before the contractor
following delivery has has to pay the suppliers of the materials. Should this occur, the contractor will be able to buy materials
elapsed. without having to use or increase borrowings. In effect, the client's money may then be used as
bridging finance to fund the business. Contractors should be aware that if they order materials that
they are not able to build into the works within that month, then the payment from the client may not
cover the cost of those materials, and they may have to pay the supplier or risk losing the credit facility
from that supplier.
In addition to credit, suppliers should be asked for discounts. There are two main forms of discount:
trade discount and settlement discount. Trade discounts are granted to the contractor and settlement
discounts are granted if monies owed are paid on time.
Late payments may Trade discount is taken off the price to begin with. The suppliers often have a “list price”, which is
attract interest generally not confidential. What is confidential is the discount they give a contractor off the list price.
charges. In addition, The discount that suppliers will give depends on how the supplier rates the contractor as a client (i.e.
in the event of late what is the risk of non-payment), and how good the contractor is at negotiating. The supplier could
payment, the supplier
allow a contractor a settlement discount, which is normally 2,5% for payment within 30 days. The
could refuse to give a
contractor a credit discount is only allowed by the supplier if the contractor pays his account on time. The settlement
reference or could discount is then deducted by the contractor from the amount shown on the statement, provided
give a negative one. payment is made on time.
Positive credit references are needed to get more credit. Suppliers ask contractors for trade references
when credit applications are made. These are companies from whom a contractor has purchased
materials on credit in the past. It is a good idea to buy materials from different suppliers to build up a
list of credible references.
2
7. EQUIPMENT The leasing of
equipment allows it to
Equipment may be: be bought over a
period of time. At the
• Bought for cash, in which case the contractor owns, maintains and insures the equipment and
end of the lease
employs operators to use the equipment. period the ownership
is usually transferred,
• Leased in accordance with an agreement whereby the contractor pays a certain amount, normally
sometimes for a lump
monthly, towards the purchase price of the equipment, maintains and ensures the equipment and
sum (residual
employs operators to use the equipment (the contractor may own the equipment after the lease amount). The
period is completed). question of ownership
and the payment of
• Hiring/renting from a reputable equipment-hire company at an agreed hourly, daily, weekly or
residual amounts
monthly rate, with or without an operator, with the responsibility for maintenance lying with the hire need to be
company. understood before
entering into a lease
The factors that determine how equipment is acquired depends on various factors including the cost agreement.
(including maintenance and insurances), cash reserves, how long the equipment is to be used, the
availability of the equipment, the frequency of use and what deal is offered.
When hiring equipment, it is important to establish the following: Equipment should
always be hired from a
• The minimum number of hours that must be paid for per day where the hire is on an hourly basis. reputable equipment-
• Whether the hire rate includes the operator. hire company,
individual or
• Whether the rate includes fuels and oils (this is referred to as “wet” if it does and “dry” if it doesn't). organisation. A good
equipment-hire
• What tools are regarded as part of the equipment to be hired and what must be hired or purchased
company should be
in addition, e.g. when a compressor is hired, the attachments such as chipping hammers, clay able to provide the
spades, moil points, ground engaging tools (GET) and cutting edges must be hired or bought following:
separately.
• A good service (as they
• What will happen in the event of damage to the equipment, for example, damage to tyres, body often specialise in
damage, windscreen damage, etc. specific types of
equipment).
• What (if anything) is covered under the hirer's insurance.
• Well-maintained
• What happens in the event of injury or death of the operator, or injury and death caused by the equipment in good
operator, and damage to property caused by the operator if the contractor provides the operator or condition.
if the hirer provides the operator.
• Advice on the
• Whether the minimum daily hire time is applicable on rainy days. equipment required for
certain jobs, such as
• Whether the equipment can be booked off-hire for a period when it is not working on a site, or does size of loader, TLB, etc.
the hire company offer standing-time rates lower than the normal working rates. required, and whether
or not they should be
• What will happen in the case of the breakdown of the equipment, e.g. how long will the hirer take
tracked or rubber tyred.
to get it fixed or will the hirer supply replacement equipment.
• Excellent operators with
• How much is the cost of transport of the equipment to and from the site.
experience, skill and
• What the operator's overtime conditions are and whether or not accommodation and transport to knowledge.
the site is to be provided every day or when the operator does overtime or not at all.
• The notification time of putting the equipment off hire.
• What insurance should, or must, be taken out.
3
8. Remember, the clock FORMWORK AND SCAFFOLDING SUPPLIERS
is always ticking.
Keeping the Formwork and scaffolding suppliers are often able to assist a contractor with the preparation
formwork or of tenders if approached to do so. They should:
scaffolding for an
extra day costs • Determine the quantities of scaffolding that is required and the weekly hire costs based on the
money unless a deal drawings and the areas for which scaffolding is required.
has been made in • Assist with the planning of the work and provide a price for the most economical formwork solution
advance with the
for a project, based on the programme and drawings, including the time for re-use of the same
supplier.
formwork for different parts of the project.
It is often better on When hiring scaffolding and formwork, the following is important:
projects with long • Make sure that the formwork is checked on and off site as the contractor will be held liable if a piece
durations to buy the of equipment, frame, etc. is damaged or lost; this is especially important for small items such as
items that can
clips.
become consumables,
such as formwork • Consider asking your supplier to check that the formwork and scaffolding have been correctly
and wedges, as these assembled before casting concrete or putting a load onto it.
often get lost and
• Check that the supplier will deliver and collect the scaffolding and formwork.
buying them can be
more cost effective. • Make sure that allowance is made in tenders for overruns, damage and the costly cleaning of the
equipment, e.g. the shutter pans, props on which concrete has splashed, etc.
• Make sure that the price includes for the oiling of the boards and pans with shutter oil.
• Use of the correct oils on the shutter as incorrect oils can spoil the surface finish or cause the
concrete to stick to the shutter and require the surface to be plastered over.
PEOPLE
For small and micro enterprises, it may be possible to run an office from your home. In such a case,
the owner/member of the business is often responsible for office management, administration,
statutory and voluntary registrations, salaries and wages and a host of other activities associated with
a head office. There is nothing wrong with a managing member or business owner engaging specialist
individuals who are more technically, financially or administratively qualified than they are, conceivably
even earning more money for a given period than the managing member themselves.
Labour can be employed on construction sites as temporary employees on a contract basis for a period
of time on a particular site or permanent employees who are transferred from site to site. Staff needs
to be recruited and trained.
Appropriately qualified or competent technical and supervisory site staff needs to be employed or
engaged for all projects. No compromise on the quality of these human resources can ever be
accommodated, as the cost of re-work (including demolition and cartage, new materials and repeat
labour, overall downtime and extended time) is not provided for in any budget. The costs of rework
erodes the profit that has been provided for in a contract.
SUBCONTRACTORS
Building up good
relations with Subcontractors are an important resource and can provide a contractor with capabilities and
subcontractors is capacities that it may not possess. Instead of hiring people specifically to do the work, it is sometimes
important. easier to subcontract a company that specialises in that field to come and do the work for the
contractor.
4
9. SECTION 2.2: FINANCIAL MANAGEMENT
FINANCING A CONSTRUCTION BUSINESS
A successful contractor needs not only to have the necessary resources to perform construction works Money is the
but should also have access to sufficient money in order to run its daily operations. Money is needed lifeblood of a
to start up a business and more money is needed to run a business. The intention of any business business. It must flow
should be to take the initial investment (capital) and to use it effectively to bring in a return to the to keep the business
alive.
investor.
The business must make sure that the money invested is put to the best possible use to make as much
profit as possible. To do this, a business plan is used to identify how much money is needed and when.
Such a plan will enable the owner to predict with some certainty whether the business will make a profit
or a loss. Managing finances cannot be left to the contractor's appointed accountant - the decisions
made by the owner(s) on how the construction business operates will have a financial implication for
the business. The owners take the risk of losing that money if the construction business is badly
managed and are compensated for this risk by their share of the profits that are made. If the business
is sold, then they will want their share of the value of the business at the time it is sold.
SOURCING FINANCE
Once the owner has identified how much money is required, he will have to make sure that he can
The value of a
provide it at the right time. Usually, the owner does not have enough capital to cover the requirements,
business grows with
especially when starting out, and will have to find it. There are three basic sources of funds:
Retained Profits.
• Equity Capital - the money the owner or other interested party puts into the business when it starts
in order to get it going.
• Borrowed Capital - money that the owner borrows in order to increase the business’ ability to
perform construction projects.
• Retained Profits - money that the owner leaves in the business in order to grow its capacity to do
construction projects.
The owners of a business always bear the first share of the risk. This is money that the owners invest
in the business in return for a share in the profits that the business might make in the longer term. This
Equity Capital is made up of money put in by the owners of the business, as well as money that other
investors are prepared to put at risk in the belief that they will see a share of the profits of the successful
business in the long term.
Borrowed Capital normally comes in the form of a bank loan that is secured by the owners of the
business. This comes at a cost and the amount of interest that is due should be factored in when the Operating a business
estimates of the amount of money required are done. Bank loans and overdrafts are normally short to is risky. There are
medium-term loans that the bank reserves the right to ask for repayment of the entire amount with very many factors that
little notice. Long-term loans are offered by some of the development institutions in order to support impact on whether a
business survives or
smaller businesses in speeding up their growth. In all circumstances, there is a requirement for the
not.
borrowers (owners) to provide collateral for the amount that they borrow. This is often in the form of
the owners' personal assets, such as a house or other property, which the bank will take ownership of
Remember that the
and sell to cover the amount of the loan that is not repaid. Borrowing money is expensive and it puts
loan must be fully re-
the collateral at risk. paid, along with the
interest charged.
Retained Profits are the best way of growing a business. Instead of the owners taking out all the profits
for their own personal use, by leaving some of the profits within the business they are investing more
into the business, enabling the business to perform larger projects and growing its capability.
5
10. Advance payments Sometimes, clients will agree to advance payments for work that is to be performed on a project. These
can alleviate cash- mobilisation advances are essentially a short-term loan from the client, and mostly require the
flow problems, but contractor to obtain an advance payment bond from another institution such as a bank. The advance
they do not increase
payment is repaid out of the money that the contractor earns whilst doing the project, generally in
profits by themselves.
monthly instalments. All the advance payments are paid back in this way before the end of the
They save the
construction business contract.
money he would
have paid in interest
and the client will KEEPING RECORDS AND ACCOUNTS
want a saving to
A business must keep track of where its money comes from and what it is used for. It is essential that
facilitate this.
a business implements a proper accounting system, since it will indicate very quickly whether the
Record keeping and business is sound and in good health, and whether there is appropriate financial control over the
accounts is like business. When applying for loans this is the first thing that a bank will ask for.
feeling the business'
pulse. It is not just the business that needs to account for the money. Each individual project should have its
own financial system so that the construction business can keep control of costs as well as the income
A construction that will come from the project. Each project's accounts are combined with the office overheads to
business is made up produce the construction business' overall financial status. These financial control systems can be
of the sum of all the simple or complex, but must provide the information required to keep expenditure to less than the
projects it has on its income.
books plus the office
overheads.
FIXED ASSETS AND WORKING CAPITAL
Fixed assets have a relatively long life and are permanent in nature. Fixed assets are items such as land
It is essential to keep and buildings, plant and machinery. It is important not to tie up too much of the business' capital in
a balance between fixed assets, since there will not be enough available to perform the work.
requirements for
working capital and Working capital is the money that flows through the business. This is money that is used to buy the
investment in fixed materials or equipment, or pay wages and salaries or subcontractors' invoices until such time as the
assets. client pays the contractor for the work that has been completed. This is the money that is used to run
the business . The business must have sufficient working capital to ensure that the work can continue
until the client pays for the work that has been done. Very often a late payment by the client can cause
the business to run out of money to pay wages, pay suppliers for materials and other commitments,
and eventually stopping the work.
CASH FLOW
Cash flow is king! Cash flow is the term used to describe the amount of working capital that a business has at any point
Without cash the in time. This is a reflection of the changing balance in the business' bank account. Contractors should
business cannot evaluate a client's payment record, and allow for any delays in payment in their calculations for
survive. working capital on a project.
Project cash flow is calculated from the project costs compared to the project income. The net cash
flow is the difference between the two figures. The contractor's cash-flow requirement is simply the
cash-flow requirements of all the different projects added together, plus the overhead costs for the
office premises and support staff. By keeping this up-to-date, the contractor can forecast how much
working capital will be needed to fund the operations, as well as the ability to repay loans or when
they will be able to buy new equipment. The cash-flow analysis is essential to operating a construction
business. Without cash to pay for wages, materials, equipment hire, etc. the contractor is out of
business.
6
11. Example of cash flow for a typical six-month contract for R372 460
MONTH ACTIVITY/ PROJECT PROJECT COST HIGHER INCOME HIGHER NET CASH
MILESTONE COST INCOME THAN INCOME THAN COST FLOW
R R R R R
August Establish site 27 250 27 250 -27 250
and start-up
September 67 520 67 520 -94 770
October 68 760 68 760 -163 530
November Receive 69 980 32 640 37 340 -200 870
first payment
December Substantially 46 270 68 300 22 030 -178 840
complete
January Finish Snag 36 220 71 420 35 200 -143 640
list
February 76 140 76 140 -67 500
March 74 840 74 840 7 340
April Receive 15 260 15 260 22 600
last payment
May 22 600
June Receive 1st 16 930 16 930 39 530
retention
release
July 39 530
August 39 530
September 39 530
October 39 530
November 39 530
December Receive 16 930 16 930 56 460
final retention
Total 316 000 372 460 56 460
This cash flow shows the following:
There are many
• The client will pay between 30 and 60 days from date of invoice. factors that affect
• The project will take six months to perform. cash flow. One late
payment can cause a
• Retention is 10%, with half of the retention being paid on occupation by the client and the other half
construction business
at the end of the contract. to go out of business.
• The project will have a profit of R56 460 (or 18%).
• The contractor will require a maximum of R200 870 working capital.
• The contractor will be out of pocket for seven months
• The final profit will only be received 17 months after the project started.
Cash-flow forecasts become even more important when more than one project is being worked on at
any point in time.
Example of three contracts running simultaneously (no retention amounts)
CONTRACT PERIOD VALUE ANTICIPATED PROFIT
1 9 months R1 000 000 R100 000
2 6 months R80 000 R12 000
3 5 months R75 000 R5 000
7
12. The projected cash flows for the projects are as follows:
CONTRACT 1
Month 1 2 3 4 5 6 7 8 9
Payments
made by 50 000 75 000 100 000 135 000 150 000 135 000 100 000 90 000 65 000
business
Income 30 000 60 000 100 000 140 000 170 000 150 000 135 000 100 000 115 000
received
Net income -20 000 -15 000 0 5 000 20 000 15 000 35 000 10 000 50 000
per month
Net cash -20 000 -35 000 -35 000 -30 000 -10 000 5 000 40 000 50 000 100 000
flow
CONTRACT 2
Month 1 2 3 4 5 6
Payments made 12 000 12 000 12 000 12 000 12 000 8 000
by business
Income 5 000 15 000 15 000 15 000 15 000 15 000
received
Net income -7 000 3 000 3 000 3 000 3 000 7 000
per month
Net cash flow -7 000 -4 000 - 1 000 2 000 5 000 12 000
CONTRACT 3
Month 1 2 3 4 5
Payments made 15 000 20 000 20 000 10 000 5000
by business
Income 5 000 15 000 20 000 20 000 15 000
received
Net income -10 000 -5 000 0 10 000 10 000
per month
Net cash flow -10 000 -15 000 -15 000 -5 000 5 000
This appears to be a fairly healthy order book.
If Contract 1 starts in January, Contract 2 starts in February and Contract 3 starts in April, the
net cash flow for the contractor will look like this:
JAN FEB MAR APR MAY JUN JUL AUG SEP
Contract 1 -20 000 -35 000 -35 000 -30 000 -10 000 5 000 40 000 50 000 100 000
Contract 2 -7 000 -4 000 -1 000 2 000 5 000 12 000
Contract 3 -10 000 -15 000 -15 000 -5 000 5 000
Net cash
flow for -20 000 -42 000 -39 000 -41 000 -23 000 -5 000 47 000 55 000 100 000
the busi-
ness
The contractor has a bank overdraft facility of R65 000, making the contractor's financial situation
favourable. The client for Contract 2 does not pay the R5 000 in February, but arrange to pay
R20 000 (R5 000 for February and R15 000 for March) in March, which the contractor accepts. The
contractor's expenses for February will rise to R47 000. This amount is still within the contractor's bank
overdraft limit of R65 000.
8
13. At the end of March however, the client says that his mortgage bond has not yet come through and
payment will be made in a few days. The amount of money that the contractor has to borrow in
March will now increase from R39 000 to R59 000, which is of concern as Contract 3 is scheduled
to start.
When the Contract 2 client doesn't pay for the work in April, the contractor is in serious financial
trouble. Costs have remained the same and the business has paid out R36 000. The Contract 2 client
is still saying that the bond is going to be paid next week. The amount that the contractor has to borrow
has now risen to R76 000, i.e.exceeding the bank overdraft limit. This can cause a business to fold.
JAN FEB MAR APR
Contract 1 -20 000 -35 000 -35 000 -30 000
Contract 2 -12 000 -24 000 -36 000
Contract 3 -10 000
Total -20 000 -47 000 -59 000 -76 000
The situation could have been managed had the contractor told his client that he would accept the
R5 000 at the end of March along with the March payment and if the bond had still not come through,
the work will stop until such time that the bond came through. Alternatively the contractor could have
advised the client that if he did not pay within 14 days the work will stop. (Whatever is said must be
put into writing).
Had this been done, the cash flow would have looked like this: Failure to ensure a
healthy cash flow is
JAN FEB MAR APR MAY JUN JUL AUG SEP the most common
cause of business
Contract 1 -20 000 -35 000 -35 000 -30 000 -10 000 5 000 40 000 50 000 100 000
failure. This occurs
even if people are
excellent at what they
Contract 2 -12 000 -4 000 -4 000 -4 000 -4 000 -4 000 -4 000 -4 000
do. No money, no
business.
Contract 3 -10 000 -15 000 -15 000 -5 000 10 000 10 000
Total -20 000 -47 000 -39 000 -44 000 -29 000 -14 000 31 000 56 000 106 000
A profit of R106 000 would have been made instead of R117 000. The business would have, however,
survived.
INVOICING AND TERMS OF PAYMENT
Cash flow is the life blood of any business. It is therefore absolutely essential that all invoices are The terms of payment
submitted promptly and the claim for payment is followed up with clients to ensure that the payment have a serious effect
on a construction
is received.
business' cash flow.
It is also important to understand and agree to the terms of payment, e.g. seven, 14 or 30 days from
receipt of invoice before a contract is concluded. Where possible, quotations should include the terms
of payment, e.g. within 14 days of invoice.
9
14. SECTION 2.3: MARKETING
MARKETING CONCEPTS
Marketing can make Construction is both a service and a product. A contractor provides a service by satisfying the client's
a difference to a requirements and delivers a product on completion of a project. A contractor's reputation is dependent
contractor's on clients being satisfied with both the service and the product. This is a team effort and requires every
profitability. employee to play their part in promoting the capabilities of the contractor and the quality of its product.
The question “where are next year's profits coming from” should be far more important to a contractor
than “what was last year's profit”. The service rendered during a project and the quality of the product
can be marketed to secure future work.
A client's decision to appoint a particular contractor, particularly a private-sector client (or a main
contractor when appointing a subcontractor), is based on many factors. Price is not the only factor.
Expertise, experience and a track record of satisfied clients can sway a client's decision to award a
contract.
Marketing is often
confused with selling - Business strategy focuses on the understanding of the forces that shape the construction industry and
they are related but winning contracts in a competitive environment. Marketing focuses on interpreting the environment in
very different. Selling
terms of client requirements and satisfying those requirements. Marketing is all about promoting a
focuses on
distributing the contractor to the extent that a client moves from being unaware of the contractor to contracting with
product or service the contractor on a regular basis.
that the business
offers, whilst If clients do not know that a contractor exists or what services it offers, they will never engage with them
marketing focuses on or contract them to deliver those services. It is essential for a contractor to let the market know that
knowing what the they are there and that they mean business. Marketing is a very varied topic that extends from the
client needs and glossy media adverts to word-of-mouth.
providing the product
or service that is Marketing can take many forms, from word-of-mouth to door-to-door canvassing, printed flyers,
needed. construction signboards, radio or television adverts, sports sponsorships, billboards and adverts on
taxis or just a plain brochure and company profile.
PUBLICITY
Always ensure that Publicity can take on many forms and there are many different media to use to get the
potential clients can message across. The important information that should be incorporated includes:
contact you.
• The name of the business.
• What the business does (and any specialties).
• Where the business is located.
• How the business can be contacted.
• What the business has done in the past.
• What the business is currently busy with.
• Recommendations from previous clients reflecting that the business is the best at that work.
• Why the client should be contracting with this business rather than another one.
It is essential that any information provided is totally accurate. If the client finds something wrong with
the promotional material, they will not trust the contractor to perform the work or believe what the
contractor claims it can do.
10
15. PROMOTING A CONSTRUCTION BUSINESS
GENERAL CONSIDERATIONS
The marketing of a construction business is very different from the marketing of a supermarket or a Remember, a client is
product line. Contractors offer a specialised and complex service and therefore need to let their clients only a contractor's
know that the service they can deliver is the best or at least better than their competitors. This can take client when the first
payment is received.
any form, from photographs of work that they have finished, to references from satisfied clients, to glossy
brochures which give an overview of the projects they have completed, to videos that describe the
problems the contractor overcame in completing a challenging project.
The purpose of promotional activities is to seek out prospective clients and to convert them into actual
clients. Advertising can move prospective clients through the stages from “unawareness” to “awareness”
and “comprehension”. Personal selling is usually required to move from “comprehension” to
“conviction” and ultimately “action” and the signing of a contract.
ADVERTISING AND CORPORATE IDENTITY
The intensity and nature of advertising activities are very dependent upon the following: Choose an advertising
method and media
• The nature or type of business. • The competitiveness of the market. that is appropriate
and will reach the
• The stage of the development of the business. client effectively.
For example, a newly established contractor that supplies and installs roof trusses needs to advertise its
services and products to a large potential client base that is unaware of the services and products of Increased market
share invariably results
such a contractor. Advertising for such a business needs to focus on competence and other competitive when a contractor's
advantages to attract an initial set of clients in the form of enquiries. reputation as a
“quality” contractor
More established contractors would need to focus their advertising on the range of their services and spreads.
products to maintain “top of mind” awareness.
Advertising costs money. From simple business cards to television adverts, each advert costs the
contractor money. In each business' marketing plan there must be a budget set aside for marketing that
can be used to determine what type and extent of marketing can be used. It is also important to identify
what the benefit of a particular advertising campaign might be and a benefit-cost ratio should be
worked out for each form of advertising. It is pointless to spend money on advertising if it will not help
bring in more work opportunities.
IMAGE BUILDING
Once the market has been identified and there is a positive action plan in place to support the
contractor's goals, the contractor should then promote their image and make it known. Image building
is a form of advertising and it manifests in company colour schemes and logos on letter heads, vehicles, Image can be
described as how
promotional material, signboards and site signage. clients and others
perceive a
Image building is a relatively easy way to increase a contractor's exposure. A contractor whose name is construction business.
familiar will be more likely to secure work than one that is unknown.
Signage that reflects and complements a contractor's image should be:
• Strategically positioned to ensure maximum exposure. • Compliant with local by-laws.
• Constructed from durable materials. • Level, plumb and in good condition.
Visual image is also a powerful marketing tool. Neatly dressed staff projects a positive image. The
attitude and behaviour of staff affect a person's impression of how the contractor will handle situations
that could lead to enhancing the contractor's image.
Worker performance (productivity, quality and health and safety) can also project a positive image.
11
16. The factors that harm a contractor's image include:
• Accidents. • Late completion.
• Lack of concern for the environment. • Untidy sites.
• Poor productivity. • Rework.
Interestingly, these factors also directly affect the profitability of the contractor.
PUBLIC RELATIONS AND CLIENT RECOMMENDATIONS
Client recommendations The contractor's profits over the next year and the next few years depend on client satisfaction, which
are one of the most in turn is dependent upon how well the contract is managed and executed and if it is successfully
powerful promotional completed on time and to the required quality.
tools available and
need to be nurtured at Probably the most effective marketing tool is word-of-mouth. Once a contractor has successfully
all costs. performed on a project, they can ask the client to refer them to other clients. Where a new client is
found, the contractor can provide references from their previous clients. It is also important to identify
Good references are
the most effective way potential sources of work and this is often done by talking to potential clients and seeking out new
of marketing a clients.
contractor.
Other contractors are very often also future clients. Where a contractor secures work that they do not
normally do, they subcontract to other contractors. This is a good source of future work and if the
contractor performs well as a subcontractor, then the main contractor will call on them to do similar
work in the future or refer them to others where similar work is required.
PERSONAL SELLING
The owners, members or company directors need to market the construction business. They are in the
best position to do so. They know the construction business' strengths and weaknesses as well as the
limitation in capability and what their likely capacity is for new work.
A MARKETING PLAN
A critical element of successful marketing is the preparation of a marketing plan.
When a contractor has determined the sector they wish to operate in, and the clients they wish to
provide services to, and what those clients' needs are, he can start planning how to become more
visible, attractive and competitive. The marketing plan is similar to the business plan but focuses on
how to portray the work, resources, skills and successes of the contractor.
The marketing plan should contain at least:
• The business' present situation. • The resources available to the business.
• The business' problems and opportunities. • The actions to be taken.
• The business' objectives. • The budget for marketing.
One way of doing this is by doing a SWOT analysis - identify the business' strengths, weaknesses,
opportunities and threats, and then determining what actions are best for improving the good points
and removing or mitigating the poorer areas.
EFFECTIVENESS OF MARKETING CAMPAIGNS
Learn from each The effectiveness of any marketing campaign must be measured. Work opportunities should be
campaign how to do measured before and after the campaign has been implemented so that the benefit can be measured
better in the next
against the cost of the campaign.
one.
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17. SECTION 2.4: TENDER CONSIDERATIONS
IDENTIFY THE MARKET SEGMENT
A construction business needs to first identify what market segment they want to operate in and which Public sector and
other construction businesses they will have to compete against. This will be dictated by the skills and private sector clients
operate differently.
resources that the construction business has at its disposal, its strengths, as well as an analysis of where
Construction
the gaps in the market lie (geographic location, type of work and size of contract).
businesses should
choose which sector
The construction business must also determine whether it will operate in the private sector, the public
they wish to operate
sector or in both. Any construction business is offered the opportunity to compete for public sector in, (or both) and
projects provided that they are registered with the Construction Industry Development Board (cidb) in position themselves
an appropriate contractor grading designation (see section 1.5). Tenders are normally evaluated on a accordingly.
points scoring system in terms of which points are awarded for price and points are awarded for
preference. Sometimes, points are also awarded for the quality (functionality) offered by the
construction business. In the private sector, however, clients most often choose who they wish to invite
to submit tenders or with whom they wish to negotiate subcontracts.
There is no point in spending enormous amounts of time, cost and effort in setting up a business or in
submitting a tender for work in a market where there is an oversupply of construction businesses
competing for work or in a market where a client is likely to prefer to do business with a better-known
construction business.
There may be barriers to operating in certain sectors that the construction business must overcome in
order to be allowed to work, such as the requirements for registration with the Electrical Contractors'
Board of South Africa in order to be an electrical contractor, or registration with the NHBRC in order
to build new homes (see section 1.5).
Know your market
IDENTIFY COMPETITORS means:
It is important for a construction business to understand who their competitors are, so that the business • Know your client's
can offer better or different services and thereby secure work ahead of their competitors. If there is a needs.
gap in the market, where there are very few other construction businesses, there will be less
• Know what your
competition and more opportunities for work. Where there is a market in which there is plenty of work, competition offers.
a construction business may get a share despite the high levels of competition. A construction business
should investigate this before contemplating starting up a new business.
FINDING WORK OPPORTUNITIES
Construction businesses have many avenues to pursue to find work opportunities. If they decide to Construction
operate in the public sector, they can look for opportunities in the Government Tender Bulletin, businesses can look
newspapers, the cidb I-Tender service on the cidb website (www.cidb.org.za) or check their local for opportunities in
the Government
municipality's tender notice board. Talking to other construction businesses is also good, since
Tender Bulletin,
information on work that one construction business does not want to do can be very useful to another newspapers, the cidb
construction business. This also opens up subcontracting possibilities. I-Tender service on
the cidb website
(www.cidb.org.za) or
PRIVATE AND PUBLIC SECTOR TENDERS AND QUOTATIONS check their local
municipality's tender
There are differences between the rules that govern the private and public (national and provincial
notice board.
governments, municipalities, public entities, state-owned enterprises and municipal entities) sector in
procuring goods, services and works.
The private sector is not required by law to follow any rules relating to procurement (buying) of goods,
services or works. They generally choose the lowest price out of all the tenders they receive and will
13
18. Look for work choose a higher price only if they do not feel confident that the company with the lowest price can do
opportunities as well a proper job. They are also free to negotiate contracts or to invite a limited number of construction
as opportunities to businesses to submit tenders or quotations based on whatever criteria they choose.
promote the business
for the future. The public sector has many rules that govern the way in which they can procure goods, services or
works. The constitution requires that any procurement by a public sector client must be fair, equitable,
transparent, competitive and cost effective (see sections 2.5 and 2.6).
The documentation used to invite quotations and tenders in the public sector is very similar; the
differences in the two processes being how they are advertised and who is authorised to award the
contract. Construction businesses are required to submit tender offers on the form of offer and
acceptance (see section 2.5) whenever quotations or tenders are called for and written contracts are
entered into with a public sector client.
The cidb promotes a uniform procurement system. Some private sector clients, particularly those that
are publicly listed companies, follow some of the public sector rules. Most contractors will either
negotiate subcontracts with subcontractors or invite the construction businesses that they consider able
to deliver the required service to submit quotations.
Procedures in the private sector where the cidb Standard for Uniformity in Construction Procurement is
not applied (see section 2.5) are much less formal with the differences between the calling for quotations
and tenders being very different. Typically tenders are invited in terms of a standard form of contract,
scope of work, form of tender and stated conditions of tender and only a brief scope of work is provided
where quotations are sought. Quotes are accepted verbally or in writing by the issuing of a letter of
acceptance.
Construction businesses are advised to stipulate that their quotation is conditional upon the client
entering into a written contract based on a specified standard form of contract. Construction businesses
should stipulate on their quotations for how long the quotation is valid (e.g. one month), after which the
business reserves the right to review the price.
To be successful, a construction business must know the procurement rules of their clients and
prospective clients and abide by them in order for their tender submissions to be evaluated and to be
awarded contracts.
OBTAINING INFORMATION ON TENDER OPPORTUNITIES
Tender documents are The Notice and Invitation to Tender (first page of a tender document prepared in accordance
normally available with the requirements of the cidb Standard for Uniformity in Construction Procurement (see
from the time they section 2.5)) should contain at least the following information:
are advertised until
the day the tenders • A reference number.
are due. It is • The name of the employer.
important to collect
procurement • The title of the proposed contract.
documents as soon as • A brief description of the supplies and services or engineering and construction works which are required.
possible to allow as
• The closing date and time for the submission of tenders.
much time as possible
to prepare the tender • The date, time and place of the compulsory clarification meeting, if any.
offer. • The time and place for collecting the procurement documents.
This notice may also:
• Contain the name and contact particulars of a person to whom queries in relation to the tender may be
directed.
• Establish the cidb contractor grading requirements.
• Briefly describe any eligibility criteria, deposits payable for procurement documentation and preferences,
if any, that are offered.
14
19. Tender advertisements in the media contain some or all of the above information. This information The Construction
enables prospective tenderers to make informed decisions regarding the tender opportunity. Industry Development
Construction businesses should not pursue tendering opportunities outside of their cidb contractor Board Act, 2000,
prohibits the award
grading designations (see sections 1.5 and 2.6) or where they don't satisfy any stated eligibility criteria.
of a public sector
If they do so, the employer will not evaluate their tender. Estimates of these requirements are provided
construction works
in the Tender Notice and Invitation to Tender. Eligibility criteria are stated in Clause F.2.1 of the Tender contract to an
Data where use is made of the cidb Standard Conditions of Tender. unregistered
contractor.
An employer is not permitted in terms of the Construction Industry Development Regulations to award
a public sector construction works contract to a construction business that does not satisfy the required
cidb contractor grading requirements (see sections 1.5 and 2.6).
When collecting a tender document, it is important to sign and fill in the construction business' contact
particulars in any register that the employer may have. This will allow the employer to inform the
construction business if the closing date for the tender is extended or to issue addenda (changes to the
tender document).
ANALYSING THE REQUIREMENTS OF THE TENDER DOCUMENTS
It is important to
A construction business should read through the entire tender document as soon as possible after the
establish at the
documents have been collected from the client or the client's agents. Documents formatted and earliest possible stage
compiled in accordance with the requirements of the cidb Standard for Uniformity in which documents
Construction Procurement have a standard structure of component documents with standard need to be submitted
contents and are divided into three basic components (see section 2.6): with a tender. Failure
to do so may mean
• Tendering procedures that contain only information that pertains to the submission and evaluation that the tender
of the tender in terms of the cidb Standard Conditions of Tender. cannot be completed
• Returnable documents that the tenderer (construction business) is required to complete. by the closing date
for tender
• The draft contract that sets out the terms and conditions of the contract that will ultimately be submissions.
concluded with the successful tenderer.
The construction business should carefully read through the documents and make notes of deadlines
for submission, documents that must be provided with the tender (tax clearance certificates, CVs,
company profiles, etc.) and make sure that what the client wants is clearly understood.
The returnable documents include the pricing section as well as forms that request certain specific
information, such as those relating to preferences, resources to execute the contract and previous work
experience.
The draft contract needs to be understood - the rights, risks and obligations (see section 2.8) as well
as the manner in which the contractor is to be paid (see section 2.7).
ANALYSING THE OPPORTUNITY FOR PROFIT
The construction business should confirm whether or not it is able to perform the work that is required
by the client, and if so, easily or with difficulty. Experience in work of a similar nature should provide
the answers to these critical questions.
However, work that is easy is not always profitable. The construction business also needs to evaluate
whether or not it will be more competitive than its competitors in performing the work while still making
a reasonable profit after the contract is finished.
An accurate estimate of what the likely cost of the works might be needs to be made before a tender
offer can be made (see section 2.9). Estimating is the process of predicting the costs of carrying out
the work. Tendering is the subsequent commercial process of making an offer based upon these
estimated costs, plus an element of profit and if necessary, risk.
15
20. The drawings and The estimate should take into account the methods of building or construction to be used and all the
specifications provide circumstances that may affect the carrying out and completion of the work. A reliable estimate can
estimators with how only be achieved by analysing each operation into simple elements and estimating the cost
the job is to be built
methodically and accurately (see section 2.9).
and what resources
are required. On larger projects, it may be necessary or prudent to draw up a preliminary programme or bar chart
in order to get a better understanding of the sequences and timing of operations.
The estimator must be aware of important project specific aspects as they may affect the
estimates. These include:
• Commencement and completion dates.
• Client requirements for phasing or staging completion.
• Other requirements regarding the sequencing of work.
• Work to be carried out by others.
• Work to be subcontracted.
• Site conditions.
• Key items or materials requiring firm delivery arrangements.
The scope of work, which includes the specifications and drawings, will indicate the following:
• The required quantity of work.
• The required quality of the finish and standard of workmanship.
• If operations are repetitive.
• If excessive or detailed setting out is required.
• The required degree of accuracy and tolerances.
• If the design is intricate or straightforward.
• If special skills will be needed.
• If any special construction sequence is necessary.
• If the operation:
• is within the experience of the existing employees;
• requires special instruction or training; and
• will require the employment of additional trained personnel.
• The accessibility of the site.
• Height or depth of work.
• Any double handling of material.
• Restrictions in working, e.g. occupational health and safety requirements, requirements for
subcontracting portions of the works, employment of local labour.
A review of the scope The tender programme, if produced, will indicate the following:
of work, the tender
• The time available for activities on the site.
programme and a
visit to the site may • If work will be continuous or intermittent.
indicate that the
• The degree of interdependency of activities, trades and operations.
contract is
unattractive to the • The relative proportions of supervisory, skilled and unskilled employees that are required and the
construction business, size of work teams.
in which case the • The timing and extent of equipment that needs to be sourced or provided.
construction business
should decide not to A visit to the site and its surroundings will provide an indication of:
submit a tender.
• The travelling costs that are likely to be associated with the site.
• Physical conditions and any restrictions likely to be encountered.
16
21. • Site layout, storage and unloading facilities.
• The likely skill, experience and availability of local labour.
Once the construction business is satisfied that it can provide the client with what the client requires,
the risks associated with the contract need to be assessed, e.g. rain, heavy traffic, labour disputes,
material suppliers not delivering, etc. Each of these risks needs to be evaluated in order to arrive at an
informed decision as to whether or not to submit a tender (see section 2.9).
The construction business needs to take into account all of the above when estimating what the cost
of the works is likely to be and what level of risk allowance should be made.
Construction businesses should not tender for work where the business is:
• Unlikely to make a profit.
• Not confident that it can perform the works.
• Unlikely to be competitive.
CLARIFICATION MEETING
Many clients provide a clarification meeting (site inspection or briefing session) before the closing of
tenders. All tenderers are required to attend compulsory clarification meetings failing which their tender
submission will not be evaluated by clients. The tender advertisements and tender documents provide
details of the time and place where these meetings are to be held and indicate whether or not the
meeting is compulsory.
Clarification meetings that take place on site (site inspections) allow prospective tenderers to familiarise The purpose of a site
themselves with the site conditions and gives the client or the clients representative the opportunity to visit is to find out as
inform tenderers of particular client requirements, site conditions, ground conditions, where waste may much as possible
be dumped, materials may be borrowed or camps and offices may be established, as well as about the conditions
on site and how they
environmental issues, such as sensitive wetland areas or access to the site.
may affect the
Site inspections provide the construction business with an opportunity to obtain answers to construction process.
This allows the
questions such as:
construction business
• Where is the site? to assess their risks
and to make an
• What are the site conditions?
informed risk
• How can the site be accessed? allowance in the
• What are the soil conditions on the site? tender offer.
• What services (water, electricity, etc.) are available on the site?
• Where can unwanted or surplus soil, rubble and rubbish be disposed of?
• What are the arrangements for site security, if any?
• What are the local conditions relating to labour and the supply of materials?
A briefing session will generally cover issues that do not necessarily have to be discussed on site or
where the site is not accessible for some reason. These issues are normally discussed at the client's
premises and give tenderers an opportunity to clarify any points that they are not completely
comfortable with.
When the site inspection or briefing session is compulsory, it is essential that the construction business
either records its presence on the register that the client passes around or gets the client's
representative to sign the form provided for this purpose in the tender documents. Without this clear
confirmation, a construction business' tender will become invalid, even if it did attend the meeting,
since there is no way for the client to remember each person at the meeting. The onus lies on the
construction business to provide the proof of attendance.
17
22. MAKING A TENDER SUBMISSION
A construction business should carefully read the conditions of tender and observe the
following when submitting a tender offer:
• Confirm that the eligibility criteria are complied with.
• Attend the clarification meeting, if any.
• Follow the instructions for:
• pricing the tender offer;
• submitting a tender offer; and
• submitting alternative offers.
• Ensure that the tender offer is received by the employer before the closing time for tenders.
Section 2.6 provides further information where the cidb Standard Conditions of Tender are used and the cidb
Register of Contractors is applied in the procurement.
The construction business must complete all the documents that the employer requests. Where documents
have been formatted and compiled in accordance with the cidb's Standard for Uniformity in Construction
Procurement, the list of returnable documents lists all the documents that have to be completed or submitted.
This list is a useful checklist. Construction businesses should study this list carefully and ensure that everything
that needs to be completed is filled in and signed and that everything that needs to be submitted is included
in the tender submission.
The construction business should draw up its own checklist of documents that have to be completed where
documents are not formatted and compiled in accordance with the cidb Standard for Uniformity in
Construction Procurement.
T2.1 LIST OF RETURNABLE Often the client will base his evaluation on a construction business' experience in performing work of a
DOCUMENTS similar nature and will require descriptions of the work that a construction business has previously done
The tenderer must complete and who the previous clients were, along with contactable references that allows the client to confirm
the following returnable how the construction business actually performed.
documents:
This information may be used to demonstrate a construction business' capability of performing the work.
1. Returnable Schedules required
for tender evaluation purposes Alternatively it may be used in the scoring of tender submissions where quality forms part of the score.
Construction businesses are advised to provide comprehensive submissions where the information is
2. Other documents required for
tender evaluation purposes used to score tenderers as the evaluators can only score the information that is provided to them in the
3. Returnable Schedules that will tender submissions.
be incorporated into the
contract The construction business should also confirm how many copies of documents and which certificates
4. Other documents that will be need to be included in the tender submission. These requirements may be found in the following
incorporated into the contract clauses of the Tender Data where the cidb Standard Conditions of Tender are used:
5. C1.1 Offer and acceptance
• Clause F.2.13.3 - number of copies.
6. C1.2 Contract Data (Part 2)
• Clause F.2.20 - securities, bonds and guarantees.
7. C2.2 Bill of quantity • Clause F.2.23 - certificates.
Construction businesses, may in their tender offers, propose deviations to the client's requirements or exclude
some of the client's requirements by qualifying their tender offers in order to remove unacceptable or onerous
requirements. Such deviations and qualifications may, however, not be acceptable to the client. The cidb
Standard Conditions of Tender in Clause F.3.8.2 only permit deviations and qualifications which:
• Don't detrimentally affect the scope, quality or performance of the works.
• Significantly change the client's or construction business' risks and responsibilities under the contract.
• Affect the competitive position of tenderers complying with the client's requirements.
Construction businesses must be cautious when proposing deviations and qualifications in their tender offers.
Copies of the tender submission should be made so that any queries raised by the client or his agents during
the evaluation of tenders may be answered.
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23. TENDER CHECKLIST
One of the most important aids that a construction business (intending to contract either as a main
contractor or subcontractor) can have at tender stage is a tender checklist. The purpose of such a
list is to act as a reminder to tenderers of particular issues for consideration when preparing tenders.
1. Work: What is the nature and extent of the work that the tenderer is required to undertake?
• Is the tenderer responsible for any portion of the design of the work?
• Is the location, start date and probable duration of the project known?
• Can this contract be undertaken given the construction business’ current and foreseeable
contractual commitments, resources and work load?
2. Form of contract: Is the contract a standard form of contract or subcontract recommended by the
cidb (see section 2.8) or are there any amendments or variations to the standard conditions of
contract?
• What is the risk associated with signing an “unknown” form of contract or an extensively
modified form of contract on issues such as payment terms, administrative procedures,
procedures relating to practical and final completion, resolution of disputes, claims
procedures, interest on overdue payments, the contractor's right to suspend the works for
default on payment, claims for extension of time, recovery of costs due to client delay, etc.
3. Tender period: Can the tenderer prepare and submit a tender in the time allowed?
4. Client: Is the client an acceptable credit risk? Is the client known to be slow in making payments?
5. Scope of work: What are the works that are to be provided and any other requirements and
constraints relating to the manner in which the contract work is to be performed?
• Are the specifications clear and comprehensive?
• What are the acceptance criteria, if any, for the works and components thereof?
• Do the drawings that are provided clearly establish what is required?
• How difficult is it to comply with the constraints relating to the manner in which the works are
to be performed, e.g. program constraints, local resource requirements quality management
systems, etc.?
• Can the works be constructed in accordance with the drawings and specifications?
• What is the quality of the information provided in the scope of work?
• How complete is the information?
6. Payment terms and pricing strategy:
• Are the pricing strategy or payment terms attractive?
• Can the construction business finance the works within the required pricing strategy, payment
terms and levels of retention monies at the various stages of the contract?
• Is there sufficient compensation for late payment by the client?
7. Performance bonds: Is a performance bond required?
• What is the amount of the performance bond?
8. Price escalation: Is the contract price subject to adjustment to allow for price inflation?
• Are the formula for and the indices relating to price adjustment known?
9. Insurance: What are the requirements for insurance that will affect the tendered price?
10.Dispute resolution: If a dispute arises, what is the method of resolution? Mediation, adjudication,
litigation, arbitration, etc?
11 Penalties for late completion: What are the penalties for late completion and are they
excessively high?
19